Florida is a “no-fault” state. Simply stated, the court does not assess blame for divorce, and to that end, one is not punished for committing adultery. However, as simple as this sounds, there are limits to that scenario. Although one is not at fault for committing adultery, a spouse cannot spend marital monies on a lover or friend. Accordingly, gifts to another or dinners spent on another will not be condoned. If such spending is material in amounts, the party spending such monies will have to account for these expenditures and will be forced to repay the other spouse. So in the division of monies and/or assets, adultery could play a role.
Audrey B. Schneiderman is a managing member of the Law Office of Feldman & Schneiderman. She has been practicing law for 12 years.